Fireworks Laws by State (O-Z)

April 16, 2018

 

State Laws

Consumer and Display Fireworks Laws by State, O-Z

Source: American Pyrotechnics Association Directory of State Laws

(Laws by State A-M)

Ohio

Consumer Fireworks

  • Specifically Permitted

    • Sales to the public permitted. Consumers may purchase 1.4G fireworks only from one of the approximately 50 licensed sales locations. Delivery of fireworks must occur at licensed location. All fireworks acquired by a consumer must be transported out of state within 48 hours.

  • Specifically Prohibited

    • Usage is prohibited, with exception for trick and novelty items and sparklers. Also prohibited are internet sales with direct shipments to consumers in Ohio. Fireworks may not be discharged in Ohio by a consumer.

Display Fireworks

  • Display Permit

    • All displays or discharges of fireworks require a site/display/date specific permit issued by local fire officer, in consultation with local law enforcement. Exhibitor can only acquire fireworks for display with the specific permit for the intended display. Display can only go forward after completion of exhibition checklist at display site by exhibitor and specific approval of fire officer. Major criminal penalties for violating detailed post incident laws if a discharge incident or accident occurs.

  • Insurance/Bond

    • At least one million dollars.

  • Exhibitor and Registered Assistants

    • Exhibitors must have license issued by the State Fire Marshal. Conditions include: $50 annual fee, be 21 years of age, pass written test, meet continuing education requirements. Assistants that help set up show or handle fireworks must be registered with State Fire Marshal ($25 fee).


Oklahoma

Consumer Fireworks

  • Specifically Permitted

    • All consumer fireworks meeting the requirements of the CPSC, unless specifically prohibited. Novelties approved by U.S. DOT or deregulated by DOT.

  • Specifically Prohibited

    • Skyrockets, including bottle rockets or stick rockets, M-80s, mail order sales of fireworks, and door to door sales. As of 8/22/13, Aerial Luminaries, commonly known as Sky Lanterns, Hawaii Lanterns, Knogming Lanterns, Chinese Lanterns, Sky Candles, Fire Balloons or Flying Luminaries.

  • Selling Period

    • June 15-July 6 & December 15-January 2 (Retail Sales) Year-round by licensed manufacturers, distributors, or wholesalers.

  • Age to Purchase

    • 12 years of age, unless with adult.

Display Fireworks

  • Display Permit

    • Apply to local authorities at least 10 days before display date, or State Fire Marshal if no local permit procedure. Permit must be signed by city clerk or State Fire Marshal.

  • Insurance

    • Minimum general liability insurance of $1,000,000.00 or amount set by local authority.

  • Operator

    • Display Operators must be state licensed.


Oregon

Consumer Fireworks

  • Specifically Permitted

    • Consumer fireworks obtained from an Oregon permitted retail stand, such as cones, fountains, and wheels.

  • Specifically Prohibited

    • Aerial fireworks such as bottle rockets and roman candles. Also, any type of fireworks not obtained from an Oregon permitted retail stand. No internet purchases.

  • Selling Period

    • June 23, through July 6.

  • Sales

    • Retail sales permit issued by State Fire Marshal with local sign-off required authorizes retail sales. Must be at least 18 years of age to sell, at least 16 years old to purchase.

Display Fireworks

  • General, Limited and Special Effects

    • Require a permit issued by State Fire Marshal with local sign-offs. Fireworks must be purchased from an Oregon permitted wholesaler. Operator in charge must obtain certification from the State Fire Marshal and conduct display in accordance with Oregon requirements.

  • Insurance

    • As required by local jurisdiction, but not less than $500.

  • Operator

    • Certifications required for operators of general and limited displays. Must be age 21 to be certified for general displays, and 18 for limited and special effects displays.


Pennsylvania

Consumer Fireworks

  • Specifically Permitted

    • “Ground and hand-held sparkling devices,” “novelties” and “toy caps” as defined in APA Standard 87-1 are not considered Consumer Fireworks under Pennsylvania Law and are therefore permitted and not regulated by the Fireworks Law. The sale and use of these items are permitted at all times.

  • Specifically Prohibited

    • All others – Except that a display permit may be obtained from the municipality where the Consumer Fireworks will be used. (Same permit requirements as for Display Fireworks)

  • Consumer Fireworks Retail Sales Requirements

    • Consumer Fireworks shall be sold only from facilities licensed by the PA Department of Agriculture. Sales permitted to out-of-state residents. PA residents holding a permit issued by a municipality for display or another authorized purpose may also purchase. “Ground and hand-held sparkling devices,” “novelties,” and “toy caps” as defined in APA Standard 87-1 are not considered Consumer Fireworks under Pennsylvania Law and are therefore permitted and not regulated by the Fireworks Law. Special licensing is not required of facilities selling these items.

Display Fireworks

  • Display Permit

    • Apply to local authorities.

  • Insurance

    • Required. Minimum $500, in an amount deemed adequate by the local authority.

  • Operator

    • No license specifically required by state law. Must be deemed “competent” by local authority. Business entity performing, providing, or supervising fireworks displays or exhibitions for profit must register annually with Attorney General.


Rhode Island

Consumer Fireworks

  • Specifically Permitted

    • Hand-held and ground based sparkling devices including fountains, illuminating torches, wheels, ground spinners, flitter sparklers, sparklers & novelties devices as defined in APA Std. 87-1.

  • Specifically Prohibited

    • Aerial Consumer, Display Fireworks, and Pyrotechnics Unless permits are obtained.

  • Age to Purchase

    • 16 years of age.

Aerial Consumer, Display Fireworks & Pyrotechnics

  • Permits

    • Apply to local authorities at least 15 days before display date.

  • Insurance

    • Required – no less than $1,000,000.

  • Operator

    • Must be at least 18 and hold a valid Certificate of competency issued by State Fire Marshal. State license required, $50 fee. Apply to State Fire Marshal. Test required $10 fee, license valid for 1 year, renewable on March 1 $50 fee. At least 2 operators required during display. Also Fire Dept personnel must be present, expenses to be paid by permittee.


South Carolina

Consumer Fireworks

  • Specifically Permitted

    • Items meeting requirements of the CPSC except those noted below.

  • Specifically Prohibited

    • Small rockets less than ½” in diameter and 3” long.

  • Sale

    • Salesperson’s minimum age - 16 years. Covered fuse required.

  • Age to Purchase

    • 16 years of age, unless accompanied by parent.

Display Fireworks

  • Display Permit

    • Apply to State Fire Marshal at least 15 working days before show. Map and copy of insurance policy required. Material must be purchased from SC licensed firm.

  • Insurance

    • Required, $500,000 minimum

  • Operator

    • Certification by State Fire Marshal required. Must pass written test and submit notarized evidence of participation in a minimum of 6 shows, plus a statement from a SC licensed display company attesting to applicant’s experience. Minimum age requirement: 18 for assistants, 21 for operators. Recertification class and license renewal required every 2 years.


South Dakota

Consumer Fireworks

  • Specifically Permitted

    • All fireworks that comply with CPSC regulations.

  • Specifically Prohibited

    • All consumer fireworks made wholly or in part of dynamite, nitroglycerin, or giant powder. Specifically prohibits firecrackers.

  • Selling Period

    • June 27 - July 5

  • Sale

    • Retailers must purchase from licensed wholesaler. Sale or use prohibited in Black Hills district or in any national or state forest or park. Sale from any vehicle prohibited. Salesperson’s minimum age 18 years. Special retail license for sales to out of state residents available.

Display Fireworks

  • Display Permit

    • Apply to local authorities. Display must comply with NFPA 1123. Must purchase fireworks from a licensed wholesaler.

  • Insurance

    • None specifically required in state law.

  • Operator

    • No license specifically required in state law.


Tennessee

Consumer Fireworks

  • Specifically Permitted

    • Items meeting CPSC requirements.

  • Specifically Prohibited

    • Illegal ground salutes and mail order purchase of fireworks by consumers.

  • Selling Period

    • June 20-July 5 and December 10-January 2. Sales by year-round retailers permitted. Novelty items do not require a permit.

  • Age to Purchase

    • 16 years of age.

Display Fireworks

  • Display Permit

    • Apply to State Fire Marshal at least 10 days before display date. Prior approval of local authorities required, $50 fee. $50 expediting fee if received 10 or fewer days prior to display.

  • Insurance

    • $1,000,000 of liability insurance required as well as a state exhibitor license.

  • Operator

    • Required for outdoor fireworks, proximate, indoor & flame effects. $100 – $200 maximum for each certification which is good for 2 years. State certified operator must be 21 years old & prove experience on at least 3 prior displays, pay the required $100 certification fee, take & pass exam. 6 hour of continuing education every 2 years, with required renewal fees for each certification.


Texas

Consumer Fireworks

  • Specifically Permitted

    • All fireworks meeting requirements of CPSC and DOT Consumer Fireworks definitions, except for small rockets (less than 4 gms propellant, and casings less than 5/8 of an inch x 3 ½,” and overall length including stick of less than 1.8’’.)

  • Specifically Prohibited

    • See section 2154.00 3(d).

  • Selling Period

    • June 24-July 4 and December 20-January 1, May 1- May 55 (limited to further than 100 miles from Texas-Mexico border).

  • Retail sale

    • An annual, non-renewable, retail fireworks permit is required for each retail location, $20 fee. Expires January 31 each year. May be purchased from a licensed manufacturer, distributor or jobber.

  • Age to Purchase

    • 16 years of age.

  • Special Effects Operator

    • Annual operator’s license fee in an amount not to exceed $100. Applicant must be 21 years of age and take and pass an exam, if required.

Display Fireworks

  • Display Permit

    • Required. Written application to State Fire Marshal at least one day before display date, $50 fee.

  • Insurance

    • Required, not less than $500,000 general liability insurance.

  • Operator

    • Annual operator’s license fee in an amount not to exceed $100. Applicant must take and pass an exam, if required. Must have assisted in at least five public displays permitted in Texas and be at least 21 years of age.


Utah

Consumer Fireworks

  • Specifically Permitted

    • Those fireworks sold at retail for consumer use and those not designated as Class C Dangerous Explosives. Newly allowed in 2011 are aerial devices known as multiple tube, repeater, or cakes lit by a single fuse.

  • Specifically Prohibited

    • Firecrackers, bottle rockets, missiles, roman candles, skyrockets, rockets mounted on a wire or stick, ground salutes, M-80’s, cherry bombs, aerial salutes, flash shells, comets, mines, single shot or reloadable aerial shells, aerials that contain over 500 grams of pyrotechnic material & other illegal explosives are prohibited.

  • Selling Period

    • June 1-July 31, December 1-January 5, and 30 days before and up to 5 days after the Chinese New Year.

Display Fireworks

  • Display Permit

    • Required by local authorities, fee may be required.

  • Insurance

    • May be required. Amount set by local authorities.

  • Operator

    • Must apply to State Fire Marshal for certification, pay $40 annual fee, and demonstrate proof of competence.


Vermont

Consumer Fireworks

  • Specifically Permitted

    • Sparklers less than 14” long with no more than 20 grams of pyrotechnic mixture. Novelty sparkling items limited to snakes, party poppers, glow worms, smoke devices, string poppers, snappers, or drop pops with no more than 0.25 grains of explosive mixture, and that are in compliance with CPSC regulations.

  • Specifically Prohibited

    • Firecrackers, skyrockets, roman candles, torpedoes, and daygo bombs.

Display Fireworks

  • Display Permit

    • Apply to local authorities at least 15 days before display date.

  • Insurance

    • No amount specified in state law but may be required by local authorities.

  • Operator

    • No license specifically required in state law but display must be under competent operator approved by local authorities in area where display is to be held.


Virginia

Consumer Fireworks

  • Specifically Permitted

    • Sparklers, fountains, pharaoh’s serpents, pinwheels, and whirligigs.

  • Specifically Prohibited

    • Firecrackers, skyrockets, torpedoes, and other fireworks which explode, travel laterally, rise into the air, or fire projectiles into the air.

Display Fireworks

  • Display Permit

    • Apply to local authorities at least 15 days before display date.

  • Insurance

    • Bond adequate to pay for all damages to persons or property is required.

  • Operator

    • No license specifically required in state law.


Washington

Consumer Fireworks

  • Specifically Permitted

    • As defined by DOT not specifically prohibited (see below) unless prohibited by local ordinance.

  • Specifically Prohibited

    • Firecrackers, skyrockets, salutes, chasers, and bottle rockets.

  • Selling Period

    • Noon June 28 to 9 pm July 5 and Noon December 27 to 11pm Dec. 31

  • Discharge Period

    • Noon June 28 – 11pm July 5 and 6pm December 31 to 1am January 1

  • Sales

    • State Fire Marshal shall prepare an annual list of permitted items. Sales locations and safety precautions specified in law. Employee’s minimum age 18 years. Sales prohibited to persons under 16 years of age.

Display Fireworks

  • License

    • Apply to State Fire Marshal for General Display License ($50 fee). General state license authorizes displays when accompanied with a local permit.

  • Permit

    • State license required for local permit. Apply for a permit from local authority at least 10 days prior to display date.

  • Insurance

    • Required. Amount of bond or insurance shall not be less than $50,000 and $1 million for bodily injury liability for each person and event respectively, and not less than $25,000 for property damage for each event.

  • Operator

    • State license required, apply to State Fire Marshal. Written exam and evidence of qualifications and experience (participation in at least 6 shows) required, $10 fee. Two experienced operators required per display. Safe display techniques specified in law.


Washington D.C.

Consumer Fireworks

  • Specifically Permitted

    • Toy paper caps containing not more than 0.25 grain of explosive composition per cap, sparklers less than 20”in length, torches, box fire, fountains, cones, dip sticks, non-poisonous snakes, novelties, and colored lights.

  • Specifically Prohibited

    • Firecrackers of any kind of description. Any fireworks that explode, (cherry bombs, salutes, roman candles, floral shells, artillery shells,) or intended to move after the piece is placed and fires (bottle rockets, parachutes, buzz bombs, pinwheels, helicopters, jumping jacks.) Sparklers more than 20” in length that contain dangerous chemicals, or any highly oxidizing agent. Fireworks having a side fuse, or a fuse inserted at any point along the length of the firework, and any firework found by the Fire Chief to be dangerous to the safety of any person or property.

Display Fireworks

  • Display Permit

    • Must be approved by the Fire Chief, Director of the Office of Emergency Preparedness, Corporation Counsel, and Director of Consumer and Regulatory Affairs.

  • Insurance

    • Required: $1,000,000 Min. to $3,000,000 Max.

  • Operator

    • License specifically required in city law.


West Virginia

Consumer Fireworks

  • Specifically Permitted

    • Sparkling devices (fountains, wire sparklers, trick noisemakers, smoke devices, snakes). Firecrackers, torpedoes, sky rockets, roman candles, bottle rockets, reloadable shells, missile-type Rockets, helicopter and aerial spinners, multi-aerial mine and shell devices, aerial shell kits.

  • Selling Period

    • Year-round.

  • Retail Sale

    • Sparkling Devices & Novelties: Business registration certificate and a Sparklers and Novelties Registration Certificate are required, $15 fee. Consumer Fireworks: Business registration certificate, a minimum of $1 million dollars public & product liability insurance, Consumer Fireworks Certificate are required. Temporary retail sales location fee: $500.00 Permanent retail sales location fee: $1000.00

  • Age to Purchase, Sell, or Use

    • 18 years of age with a valid I.D.

Display Fireworks

  • Display Permit

    • Apply to State Fire Marshal and local authorities at least 15 days before display date. Nonresidents must appoint an in-state legal representative to obtain license, if the local authorities require legal representation.

  • Insurance

    • Required Minimum $1,000,000. Local authorities may require a $1,000 bond.

  • Operator

    • Pyro-Technician Minimum age: 21 years. State license required; apply to State Fire Marshal. Pyro-Technician In-Training Minimum age: 18 Two operators are required per display.


Wisconsin

Consumer Fireworks

  • Specifically Permitted

    • Cylinder fountains, cone fountains, sparklers containing no magnesium, chlorate or perchlorate; snakes containing no mercury, small smoke devices.

  • Specifically Prohibited

    • Firecrackers, wheels, torpedoes, skyrockets, roman candles, aerial salutes, and bombs.

Display Fireworks

  • Display Permit

    • Apply to local authorities.

  • Insurance

    • None specifically required in state law; may be required at local level.


Wyoming

Consumer Fireworks

  • Specifically Permitted

    • Consumer Fireworks meeting requirements of the CPSC.

  • Specifically Prohibited

    • None.

Display Fireworks

  • Display Permit

    • Apply to local authorities at least 14 days in advance.

  • Insurance

    • Permittee must furnish a bond or insurance certificate in an amount deemed adequate by the AHJ.

  • Operator

    • No license specifically required in law, but display must be handled by a competent operator.


 

 

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